Mere Pendency Of Criminal Case No Bar For Renewal Of Passport: AP High Court

Directing the directed passport authorities to consider a teenager's passport application–booked in a criminal case where cognizance had not been taken, the Andhra Pradesh High Court said that mere pendency of a criminal case is not a bar for renewing the passport. 

The petitioner-16-year-old boy, made an application before regional passport officer for the issuance of a passport. A shortfall notice, dated 15.05.2026 was issued seeking clarification due to an adverse police verification report, pointing out the petitioner‟s involvement in crime. The State on instructions, submitted that the Police have not filed any final report before the jurisdictional Court. 

Justice Subba Reddy Satti said that there was no dispute regarding the pendency of the aforementioned crime against the petitioner, however, the jurisdictional court has not taken cognisance.

The court referred to a Division Bench decision in Dangeti Veera Venkata Satya Prasad v. Union of India (W.A. No. 383 of 2024) which had said that as there was no cognizance taken, there would be no question of "proceedings pending before a criminal Court‟, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.

Under Section 6(2)(f) of the Passports Act, 1967, a passport may be refused only when proceedings in respect of an alleged offence are pending before a criminal court in India.

“Unless the guilt is proved, an accused is presumed to be innocent and mere pendency of a criminal case is not a bar for renewing the passport, and the right to travel abroad is a personal liberty of a person,” the Court held.

The Court also relied on Supreme Court precedents recognising the presumption of innocence and the right to travel abroad as a facet of personal liberty under Article 21 of the Constitution.

Disposing of the writ petition, the Court directed the Regional Passport Officer to consider the petitioner's passport application strictly in accordance with the Passports Act, 1967 and Rule 12 of the Passport Rules, 1980, without reference to the pending crime number and as expeditiously as possible.

Case Title: Sattaru Ram Mohan Rao v. Union of India & Ors.

Case Nos.: Writ Petition No. 14854 of 2026

Counsel for the Petitioner: Sri P. Sai Surya Teja

Counsel for the Respondent: GP for Home

Click Here To Read/Download Order